Research On The Extraterritorial Application Of Anti-monopoly Law Issues

On the background of globalization of economy, the action of restricting competition is rising increasingly in the world, which severely obstruct liberalization of trade and investment while world trade liberalization pace speed up. In view of authoritative competition regulation which regulate enterprises'internationally restricting competition action have not set up yet, most countries adopt the extraterritorial application of anti-monopoly law to prevent international monopoly effectively, with a purpose to protect the domestic market to develop healthily and orderly. By exploring the fundamental problems in extraterritorial application of anti-monopoly law and theoretical and practical experience of all countries in the world, the thesis further discusses the mode of our country in the field.Chapter I of the thesis starts with the basic questions of the extraterritorial application of anti-monopoly law. Firstly the chapter describes three situations which could lead to the extraterritorial application of anti-monopoly law, and identify that this article focuses on solving the problem of how to regulate the conduct of foreign enterprises which takes place in the foreign country, violates domestic anti-monopoly law and has influence on the domestic trade system. Then discusses why it is not wise to promote worldwide non-interference doctrine, while the timing to draw up international uniform anti-monopoly is not good, it is inevitable to apply domestic anti-monopoly extraterritorially: first, the imbalance of anti-monopoly and undeveloped...